Opinion
No. C-08-02348 JSW (DMR) No. C-11-05822 JSW (DMR)
03-15-2013
STEVEN AMES BROWN, Plaintiff, v. ANDREW B. STROUD, et al., Defendants. LISA SIMONE KELLY, Plaintiff, v. WALLY ROKER, et al., Defendants.
ORDER DENYING FEBRUARY 22, 2013
DISCOVERY LETTER AS MOOT
On February 22, 2013, Plaintiffs Steven Ames Brown and the Estate of Nina Simone and third-party The Orchard Enterprises, Inc. ("Orchard") submitted a joint discovery letter describing their dispute regarding a subpoena served on Orchard by Plaintiff Brown. [Docket No. 512.] On February 28, 2013, the court ordered Orchard to submit a sworn declaration to the court regarding whether it has any documents responsive to the subpoena in its possession, custody or control. [Docket No. 513.] Orchard subsequently submitted a declaration dated March 7, 2013 by Alexis H. Shapiro, the Senior Vice President, general counsel and secretary of Orchard Enterprises, Inc., in which she states that Orchard does not have any responsive documents in its possession, custody or control. [Docket No. 527.] Accordingly, Plaintiffs' request for an order compelling the production of documents by Orchard is denied as moot.
IT IS SO ORDERED.
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DONNA M. RYU
United States Magistrate Judge